State Vs Federal Law On Medical Marijuana

May 21, 2012

Medical Marijuana Seeds

State Laws at Odds With Federal Law

Currently, 16 states allow the use of marijuana for pain relief, nausea and loss of appetite by people with AIDS, cancer and other debilitating diseases. Those laws, however, are at odds with federal law. The federal government continues to oppose any decriminalization of the drug. And while the Obama administration has signaled some leeway when it comes to medical marijuana, raids on dispensaries and growers by law enforcement agencies are still common, even in California, where the industry effectively began in 1996, with the passage of the landmark Proposition 215, which legalized medical marijuana.

Donna Lambert Arrested For Using Medical Marijuana

Rules vary widely in the states that permit medical marijuana. Some states require sellers to prove nonprofit status — often as a collective or cooperative, and all states require that patients have a recommendation from a physician. But even those in favor of medical marijuana believe that the system is ripe for abuse or even unintentional lawbreaking.

Although party line positions defined the issue in Montana, with Republicans mostly lined up in favor of restriction or repeal, there is widespread agreement among legislators and residents that medical marijuana has become something very different than it was originally envisioned to be.

Sixty-two percent of voters approved the use of medical marijuana in a Montana referendum in 2004. But the real explosion of growth came only in 2010, after the federal Department of Justice said in late 2009 that medical marijuana would not be a law enforcement priority. Since then, the numbers of patients have quadrupled to more than 27,000, in a state of only about 975,000 people, and millions of dollars have been invested in businesses that grow or supply the product.

With a growing number of Americans favoring legalization, a Gallup poll released in October 2010 found a record 46 percent approving of legalization — perhaps no ballot measure in the country was more closely watched than Proposition 19 in California.

The California ballot measure would have allowed anyone over 21 to buy, possess, use or cultivate marijuana. It would have barred personal possession of more than one ounce as well as smoking the drug in public or around minors.

More States Legalize Medical Marijuana

As more and more states allow medical use of the drug, marijuana’s supporters are pushing hard to burnish the image of marijuana by franchising dispensaries and building brands; establishing consulting, lobbying and law firms; setting up trade shows and a seminar circuit; and constructing a range of other marijuana-related businesses.

In July 2010, the Department of Veterans Affairs announced that it would formally allow patients treated at its hospitals and clinics to use medical marijuana in states where it is legal, a policy clarification that veterans had sought for several years.

The department directive resolved the conflict in veterans’ facilities between federal law, which outlaws marijuana, and the states that allow medicinal use of the drug, effectively deferring to the states.

Relax The Prohibition On Medical Marijuana Seeds

Marijuana is the only major drug for which the federal government controls the only legal research supply and for which the government requires a special scientific review. The University of Mississippi has the nation’s only federally approved marijuana plantation. If researchers wish to investigate marijuana, they must apply to the National Institute on Drug Abuse to use the Mississippi marijuana and must get approvals from a special Public Health Service panel, the Drug Enforcement Administration and the Food and Drug Administration.